SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 28, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  31 - 34

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 496 – Public Hearing and Work Session

SB 555 – Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 31, A

005

Chair Ringo

Calls meeting to order at 3:09 p.m. and opens public hearing on SB 496.

SB 496 – PUBLIC HEARING

015

Matt Shields

Committee Administrator. Gives overview of SB 496.

020

Sen. Shields

Thanks those who came to talk on Forest Legacy. Talks about Forest Legacy program. Talks about SB 496. Discusses allocated taxes for Forest Legacy Program.

065

Sen. Burdick

Thanks Chair Ringo for bringing SB 496 up for early consideration.

070

Sen. Beyer

Notices that there isn’t anyone from the Department of Forestry to testify in support of or in opposition of SB 496. Discusses forest land in Oregon. States opposition to SB 496. States that the Department of Forestry testified in previous session that it costs them money to apply for these grants.

085

Sen. Shields

States that there are very good answers to the questions that have been raised. Gives illustrations. States that the committee should not spend time debating about SB 496 since there is a room full of people waiting to testify on SB 555.

103

Chair Ringo

Closes public hearing on SB 496 and opens work session on SB 496.

SB 496 – WORK SESSION

110

Chair Ringo

MOTION:  Moves SB 496 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Burdick, Shields, Ringo

NAY:               1 - Beyer

 

Chair Ringo

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

115

Chair Ringo

Closes work session on SB 496 and opens public hearing on SB 555.

SB 555 – PUBLIC HEARING

130

Senate President Peter Courtney

Represents Senate District 11. Submits and reads written testimony in support of SB 555 (EXHIBIT A)

195

President Courtney

Introduces Sen. Charlie Ringo, co-sponsor of SB 555.

200

Sen. Charlie Ringo

Represents Senate District 17. Discusses toxic chemicals at toxic concentrations and mixing zones. Echoes President Courtney’s statement of being mindful of the impact to business. Wants to hear from industry and how SB 555 can be modified or amended to address concerns.

225

Sen. Beyer

Asks how long President Courtney has lived on the Willamette River.

228

President Courtney

Replies since November, 1977.

230

Sen. Beyer

States that he started fishing in the Willamette River in the 1980s. Believes that the river has been cleaned up significantly since then. Asks if President Courtney has experienced the Willamette River getting cleaner.

240

President Courtney

Discusses condition of the Willamette River in 1977 versus current conditions. Talks about debris along riverbank. States that he took a sample and found extremely high fecal content. Explains that his perception is that the Willamette River has not gotten cleaner since November, 1977.  States that he is not a scientist or a biologist.

270

Sen. Beyer

Wants to ask the Department of Environmental Quality (DEQ) and see if they have the same data. Discusses channel change.

276

President Courtney

Responds to the idea of channel change. Discusses fishing and water level. Reiterates that this is his observation.

295

Sen. Beyer

Thanks President Courtney. Explains that the fish follow the channel.

303

President Courtney

Discusses fishing. States that he has seen the fish change. Believes it is indicative of some of the changes that he testified to. States that he spends a lot of time by the Willamette River and that the condition of fish in the river has changed a lot over the years. Reiterates that he is not a scientist.

330

Sen. Beyer

Asks Sen. Ringo about big pipe project and sewer runoff in regards to 2011 date stated in SB 555.

340

Sen. Ringo

States that witnesses from the City of Portland can answer that question.

343

Vice-Chair Atkinson

Asks if President Courtney has an opinion on the Portland harbor.

347

Courtney

Asks for clarification of the question.

350

Vice-Chair

Discusses previous non-partisan legislation to clean up the harbor. Talks about difference between the Willamette River in southern Oregon and in Portland. Asks if President Courtney has an opinion on that topic.

370

President Courtney

States that everyone is going to have to clean it up if it is going to get done at all. Discusses issues with the Willamette River. States that he doesn’t understand why any river should be dirty.  Discusses storm drain issue.

TAPE 32, A

005

Rhett Lawrence

Oregon State Public Research Group (OSPRG).  Submits and reads written testimony in support of SB 555 (EXHIBIT B).

030

Brent Foster

Attorney, Columbia Riverkeeper and Willamette Riverkeeper. Submits written testimony in support of SB 555 (EXHIBIT C) and a diagram of a toxic mixing zone (EXHIBIT D). Explains the diagram of a toxic mixing zone (EXHIBIT D).

085

Chair Ringo

Asks about percentages.

086

Foster

Explains.

093

Sen. Burdick

Asks clarification question about the standard that was referred to by the witness.

095

Foster

Explains.

100

Sen. Burdick

Asks about water quality standards.

105

Foster

Explains in detail.

113

Chair Ringo

Asks witness to clarify phrase “water quality limited.”

115

Foster

Explains phrase. Continues explaining percentages.

130

Foster

Discusses Willamette Falls in relation to toxic mixing zones. Talks about giving notice of toxic mixing zones to the public.

140

Foster

Discusses table titled “Cumulative Metals Worksheet” displayed on projection screen. Talks about zinc as an illustration. Discusses toxins building up in fish. Discusses lack of known locations of toxic mixing zones.

180

Foster

Reads quote. Discusses studies done by the Environmental Protection Agency (EPA).

210

Travis Williams

Riverkeeper and Executive Director, Willamette Riverkeeper. Discusses condition of the Willamette River. Testifies in support of SB 555. Submits written testimony (EXHIBIT E).

300

Sen. Beyer

Asks question about the economic hardships described in SB 555.

305

Williams

States that the determination of economic hardships would be determined by the DEQ.

310

Sen. Beyer

Asks at what threshold it is no longer economically feasible.

320

Williams

Believes that this is something that is open to discussion. Believes it will vary based on different factors.

325

Chair Ringo

Refers to language in SB 555 which states “significant and unreasonable burden.” Asks if witness expects this to be defined by rule making.

327

Foster

Explains. Discusses phasing out of mixing zones in the Great Lakes.

360

Holly Schroeder

Water Quality Administrator, DEQ. Introduces Mark Charles.

370

Chair Ringo

Asks witness to start with a few introductory remarks. States that he is mostly interested in witness’ response to previous testimony.

380

Schroeder

Discusses water quality standards. Explains mixing zones.

412

Chair Ringo

Asks if mercury is allowed to be discharged in mixing zones.

415

Schroeder

Explains that there is a toxic standard for mercury and believes it is possible that there is a mixing zone for that pollutant.

416

Chair Ringo

Asks if that is the case even in areas where there are warnings not to consume the fish.

420

Schroeder

Explains. Mentions Total Maximum Daily Loads (TMDLs) in relation to mercury.

435

Chair Ringo

Discusses TMDLs in relation to non-point sources. Asks question about TMDL process.

438

Schroeder

Explains that a TMDL addresses both point and non-point sources. Gives illustration involving mercury in the Willamette River.

450

Chair Ringo

Points out that the DEQ is consciously allowing the discharge of mercury in areas where there are signs indicating that the fish should not be eaten.

457

Schroeder

Confirms that there is not a further restricted permit limit at this point in time.

460

Schroeder

Provides background information on toxics standards.

480

Chair Ringo

Asks if this analysis is for mixing zones or for all permits.

TAPE 31, B

035

Schroeder

Explains that it will be done for all permits. States that it will be determined at the edge of the mixing zone.

040

Chair Ringo

Asks if witness said that the DEQ will now be requiring that information.

041

Schroeder

Discusses update to the toxics rule that went into effect earlier in February, 2005. Talks about permit limits as a result of the update.

045

Chair Ringo

Asks if that will give the DEQ more information about the amount of toxics being discharged into the river.

047

Schroeder

Confirms that it will give DEQ more information. Explains that resources for toxics monitoring has been limited.

052

Chair Ringo

Asks if the DEQ requires a permit holder to notify the DEQ of the quantity of toxics being discharged.

057

Schroeder

Explains process.

060

Chair Ringo

Verifies that this process is for a limited permit.

061

Schroeder

Explains that it is done for all water bodies, not just those that are water quality limited.

062

Chair Ringo

Wants to know if the DEQ has the data on the total amount of toxics being discharged. States that the proponents of SB 555 say that the DEQ does not track this data.

065

Schroeder

Explains that the DEQ has an inaccessible system. Discusses current system.

075

Chair Ringo

Verifies that the DEQ has the data in a warehouse somewhere.

080

Schroeder

States that the DEQ has the data in many filing cabinets. States that the DEQ is working on a database infrastructure to have the data accessible electronically.

085

Sen. Shields

Refers to President Courtney’s testimony. Asks why President Courtney was not sure if there was a toxic mixing zone at his house.

092

Schroeder

States that this is not information that the DEQ has put into any accessible format for the public. Explains in detail.

103

Sen. Shields

Asks if people have asked this question before.

106

Schroeder

Explains.

117

Chair Ringo

Asks if the DEQ is able to provide a map showing where all the mixing zones are located on the main stem of the Willamette River.

118

Schroeder

States that it is not finished yet.

125

Chair Ringo

Asks if it can be provided within a couple of weeks.

127

Schroeder

States that she is unsure how long it will take to complete the map.

130

Chair Ringo

Asks how many mixing zones there are on the main stem of the Willamette River.

132

Mark Charles

Surface Water Permitting Manager, DEQ. Replies approximately 170 and explains in detail.

138

Chair Ringo

Confirms number.

140

Charles

Explains.

141

Chair Ringo

Asks if the general permit holders have a permit for a mixing zone.

142

Charles

Explains that they don’t have an individual tailored permit, however there may be a mixing zone built into the general permit.

143

Chair Ringo

Clarifies number.

144

Charles

Discusses re-issuing permits for mixing zones. Gives illustration about a specific permit.

146

Chair Ringo

Refers to illustration. Asks why the DEQ made that reduction for that permit.

147

Charles

Explains.

150

Chair Ringo

Asks question about size of mixing zone for mentioned permit.

155

Charles

Explains.

156

Schroeder

Believes that the information cited by Mr. Charles was for mixing zones generally. Discusses toxic and non-toxic mixing zones.

160

Chair Ringo

Asks if focusing the concept of SB 555 on effluents that are known to be toxic and persistent would help make SB 555 more manageable.

166

Schroeder

Discusses changes in permitting process.

173

Chair Ringo

Reminds witness that the stakeholders are the citizens of the state of Oregon who want clean water.

174

Schroeder

Agrees.

175

Chair Ringo

Asks if witness agrees that some fish in the water tend to migrate while others are more stationary.

176

Schroeder

Replies yes.

179

Chair Ringo

Asks if there is a particularly heightened danger to eating fish that tend to remain in a mixing zone.

182

Charles

Explains that it depends.

183

Chair Ringo

Asks if witness understands the concept.

184

Charles

Replies yes and explains in detail.

189

Chair Ringo

Reiterates question about fish that tend to live in a mixing zone and if they are more susceptible to absorb pollutants.

191

Charles

States that this is possible. Explains.

195

Chair Ringo

Asks if the fish that are attracted to the toxics are edible.

197

Charles

Explains that he is not qualified to answer that question.

200

Schroeder

Offers an example.

208

Chair Ringo

Asks about public notification.

215

Schroeder

Discusses process of notification. Explains that the DEQ has not connected process of notification specifically to mixing zones.

220

Sen. Shields

Asks how much is known about the mixing zones. Asks if the locations are checked out ahead of time or if the mixing zones are moved if the mixing zones are put in the wrong place.

230

Charles

Replies all of the above. Explains in detail.

245

Sen. Shields

Explains that SB 555 seems to be very controversial.  Asks about SB 45.

275

Schroeder

Explains that the DEQ has worked extensively with an advisory group to produce SB 45. Believes that SB 45 will result in an improved permitting process which will result in improved water quality. Believes the issue is a very important one and needs to be looked at.

305

Sen. Beyer

Refers to President Courtney’s perception of the Willamette River. Asks for insight.

310

Schroeder

Discusses monitoring done around the state and specifically in the Willamette River. Discusses trends. Gives opinion on the condition of the Willamette River. Discusses TMDLs.

349

Sen. Beyer

Asks if witness said that 96 percent of the mercury in the Willamette River is naturally occurring mercury rather than point source mercury.

350

Schroeder

Clarifies that she said 4 percent is point source. States that it cannot be inferred that the rest is naturally occurring mercury, only that it is coming from non-point sources.

357

Sen. Beyer

Asks where else mercury comes from.

360

Schroeder

Explains in detail.

370

Sen. Beyer

Asks if the DEQ participated in the drafting of SB 555.

374

Schroeder

States that the DEQ was aware of interest in the issue, but states that they did not actively participate in the drafting of SB 555.

379

Sen. Beyer

Asks if this is part of Governor Kulongoski’s initiative to clean up the Willamette River.

383

Schroeder

States that the DEQ determined that there would be a fiscal impact on the agency and comments that, at this time, that is not included in the Governor’s recommended budget.

390

Sen. Beyer

Asks if that means the DEQ is not supporting SB 555.

391

Schroeder

States that the DEQ cannot support something that is not included in the Governor’s recommended budget.

392

Sen. Beyer

Discusses SB 45 and commission that the DEQ held. Asks if this issue was discussed.

402

Schroeder

Discusses the Blue Ribbon Committee. Explains that this issue was not discussed. Explains focus of the Blue Ribbon Committee.

415

Sen. Atkinson

Asks if witness already commented on the Environmental Quality Commission’s new standards.

420

Schroeder

Replies yes.

422

Sen. Atkinson

Asks what witness expects those standards to accomplish.

423

Schroeder

Explains.

TAPE 32, B

010

Chair Ringo

Clarifies that witness said “exceeding the standard at the edge of the mixing zone.” Asks if that means just as it gets to the outside of the mixing zone.

012

Schroeder

Replies yes.

013

Chair Ringo

Asks if the mixing zone size would be increased.

015

Schroeder

Explains.

017

Chair Ringo

Discusses toxicity inside and outside the mixing zone.

022

Schroeder

States that the DEQ looks at whether the water body as a whole is achieving water quality standards.

024

Chair Ringo

Asks how the DEQ knows the water body as a whole is exceeding water quality standards.

026

Schroeder

Explains.

033

Sen. Atkinson

Asks if witness is familiar with a company in Portland called Storm Water Management.

035

Schroeder

Replies that she is vaguely familiar with this company.

037

Sen. Atkinson

Discusses having Oregon based technologies helping find a solution to this issue.

042

Schroeder

States that she does not know details of services offered by the mentioned company. Offers to find out more information.

045

Sen. Atkinson

Believes that everyone who is interested in this issue should see what Oregon based companies are out there to be a part of the solution.

047

Sen. Shields

Refers to mercury mentioned earlier. Asks if storm water runoff is a major source of mercury, and asks why witness did not mention it. Asks how much of the storm water runoff is urban and how much of it is rural.

050

Schroeder

Explains. Submits and refers to an excerpt from the Willamette TMDL (EXHIBIT F).

060

Sen. Shields

Addresses Chair Ringo. Says that earlier there was a question about how much input the DEQ had in the development of SB 555. Confirms that witness had conversations with the President’s staff about toxic mixing zones.

070

Schroeder

Confirms this.

071

Sen. Shields

States that he wanted that on the record.

090

John Ledger

Vice-President, Associated Oregon Industries. States that Craig Smith from the Northwest Food Processor’s Association needed to leave, but is submitting written testimony for the record (EXHIBIT G).  Testifies in opposition to SB 555. States that everyone tries to minimize discharge as much as possible. Discusses locations of mixing zones in the United States. Explains mixing zones and the different types of standards. Remarks that SB 555 removes the DEQ’s ability to set a discharge standard approved by the EPA and replaces it with an ambient standard. Asserts that not allowing companies to discharge puts them at a disadvantage and discusses subjectivity of language in SB 555.

190

Chair Ringo

Understands that the language is subjective, but asserts that it is better to leave the issue to rulemaking rather than to put specific numbers in the statute.

191

Ledger

Believes it is better not to have the language.

192

Chair Ringo

Understands, but asserts that it is better to not have toxics in the water.

195

Ledger

States that he doesn’t think this is an appropriate thing to do. Discusses investment. Believes the intent was good. Discusses SB 45. Discusses the Governor’s initiative. States that the DEQ needs to be fully funded and staffed. Thinks that the Willamette River should be cleaned up but states that SB 555 isn’t the way to do it. Introduces Tom McCue.

230

Tom McCue

Manager of Environmental Affairs, Siltronics Corporation. Submits and reads written testimony in opposition to SB 555 (EXHIBIT H).

300

McCue

Continues reading written testimony (EXHIBIT H).

355

Chair Ringo

Asks what toxic chemicals Siltronics Corporation emits into the water.

358

McCue

Gives examples.

365

Chair Ringo

Verifies that Siltronics Corporation doesn’t discharge any toxics into the water.

366

McCue

Remarks that he doesn’t know what the definition of toxic is.

367

Chair Ringo

Wonders if SB 555 was changed to include a specific set of materials, then Siltronics Corporation would not be impacted.

373

McCue

Explains.

380

Chair Ringo

States that committee staff is handing him a note that says that fluoride is considered toxic under SB 555 because it is one of the chemicals regulated by the EPA. Wants to know if industry can be more responsive in addressing some of the concerns heard earlier in the meeting. Asks if witness is willing to do that.

393

McCue

Conveys that he is unsure what Chair Ringo is asking. Refers to efforts made by Siltronics Corporation mentioned in testimony.

399

Chair Ringo

Clarifies that he isn’t criticizing Siltronics Corporation. Wants to know if there is a way to address concerns mentioned so that a bill similar to SB 555 could be passed that Siltronics Corporation can live with. Asks if witness is willing to work with him or if witness is opposed to SB 555 no matter what.

410

McCue

Asks for clarification of what Chair Ringo is asking.

411

Chair Ringo

Informs that his question is whether or not the witness is willing to work with him in attempting to draft a bill that would address some of the concerns heard earlier. Asks if Siltronics Corporation discharges mercury.

413

McCue

Replies no.

414

Chair Ringo

Asks if Siltronics Corporation discharges polychlorinated biphenyls (PCBs).

415

McCue

Replies no.

416

Chair Ringo

Asks if Siltronics Corporation discharges lead.

417

McCue

Replies no.

418

Chair Ringo

Asks what if the bill was limited to the three mentioned materials.

419

McCue

Replies that none of those contaminants are a concern to Siltronics Corporation.

420

Chair Ringo

Remarks that he would appreciate acknowledgement of an issue that is of legitimate and current concern to the public and that industry is willing to work with the environmentalists in addressing that concern.

TAPE 33, A

008

Sen. Shields

Refers to environmental awards and letters of recognition given to Siltronics Corporation. States that it seems that the witness is already involved in trying to create a bill that could partner with SB 45. Comments that he doesn’t want to see companies pack up and move out of Oregon, but he does want to see the rivers get cleaner.

020

McCue

Reiterates that Siltronics Corporation is actively engaged in applying the best technology to achieve the lowest impact on the environment. Discusses investments and the uncertainty of the impact of SB 555.

033

Sen. Shields

Thanks witness for efforts made and states that the committee would appreciate any help the witness can offer.

035

Sen. Burdick

Echoes Sen. Shields’ comments. Discusses creativity in preventing waste from being formed. Refers to examples in testimony (EXHIBIT H) and asks if those examples have resulted in reductions in the waste stream that needs to be treated in the first place.

045

McCue

Confirms this. Explains. Gives an example.

057

Sen. Burdick

Wonders if the approach of working with companies in preventing wastes from being created in the manufacturing process is a better approach to trying to reduce the discharge of wastes.

065

McCue

States that this is exactly what Siltronics Corporation has been working on. Explains in detail.

072

Sen. Burdick

Discusses sharing of information. Wonders if companies would be willing to make the investments in creating a better manufacturing process if they were faced with the possibility of a prohibition.

078

McCue

Responds possibly and discusses some details.

086

Ledger

Believes it is a good idea to have some type of better mechanism to reduce the use of things that cause discharges. Explains.

100

Jim Craven

American Electronics Association. States that Siltronics Corporation is not the only company that is taking this approach to reduce the impact on the environment. Describes issues with SB 555 with reference to investment decisions. Expresses the concerns that have been brought to him.

130

Ledger

Explains frustration.

139

Chair Ringo

Wants to explore what can be done. Asks Mr. McCue to come to the capitol and meet with him to explore options.

140

McCue

Agrees to do this.

150

Emily Platt

Resident, Wasco County. Addresses concerns of previous witnesses who testified on behalf of industry. Talks about the DEQ’s monthly reports mentioned earlier.

165

Chair Ringo

Verifies that the monthly reports don’t specify what is being discharged, they specify concerns about whether there might be a violation.

170

Platt

Confirms this. States that they are not very helpful reports. Testifies in support of SB 555.

205

Chair Ringo

States that he wants to hear from the opponents, but he wants to hear from those who came from over 100 miles first.

210

Kathryn Brigham

Board of Trustees Member, Confederated Tribes of the Umatilla Indian Reservation. Testifies in support of SB 555. Submits written testimony (EXHIBIT I).

250

Louis Pitt, Jr.

Confederated Tribes of Warm Springs. Testifies in support of SB 555. Submits written testimony (EXHIBIT J).

293

Kathleen Feehan

Water Quality Policy Analyst, Confederated Tribes of the Umatilla Indian Reservation. States that this is a human health issue, not an environmental versus industry issue. Discusses water quality standards. Testifies in support of SB 555.

340

Ed Brookshier

City Manager, City of Hermiston. Submits and highlights written testimony in opposition to SB 555 (EXHIBIT K).

395

Chair Ringo

Interjects and asks about third-party lawsuits mentioned by witness.

396

Brookshier

Explains understanding of SB 555.

405

Chair Ringo

Verifies that the witness said there is no way the City of Hermiston can get rid of ammonia.

406

Brookshier

Replies yes.

408

Chair Ringo

Remarks that SB 555 provides language to avoid mentioned problem.

410

Brookshier

Replies yes and explains understanding of SB 555. Discusses improvements to wastewater treatment plant.

430

Chair Ringo

Thinks that witness needs to be fair to the proponents of SB 555.  Informs that the proponents of SB 555 have provided language within the measure if compliance would create a “significant and unreasonable burden.”

TAPE 34, A

005

Brookshier

States that this is not the way he understands it. Continues explaining opposition SB 555.

017

Sen. Shields

Asks where the ammonia problem comes from.

018

Brookshier

Explains.

020

Chair Ringo

Points out that SB 555 does not have a private right of action.

023

Mark Schmidt

Columbia Riverkeepers. Discusses the Great Lakes Initiative.

040

Chair Ringo

Asks if the ban on toxic mixing zones is for the whole state or just for the Great Lakes.

041

Schmidt

Explains that it is for the Great Lakes and all tributaries running into them. States that beyond that the ban was done on a state by state basis.

042

Chair Ringo

Asks how this information is consistent with John Ledger’s testimony which alleged that all states allow toxic mixing zones.

045

Schmidt

Believes Mr. Ledger’s testimony is inaccurate. Explains. Continues explaining the Great Lakes Initiative.

065

Chair Ringo

Asks for written testimony.

066

Schmidt

Offers to bring it to the committee later. Concludes testimony.

085

Amanda Rich

Special Districts Association of Oregon. Introduces Jim Goble. Submits written testimony (EXHIBIT L). Asks for a workgroup on SB 555. States opposition to SB 555 as written. Believes that this is a valuable conversation to have, but that there are a lot of questions that need to be answered. Discusses prevention versus removal.

110

Jim Goble

Manager, Nehalem Bay Wastewater Agency.  States that he is here to answer specific questions.

111

Chair Ringo

Asks why witness drove all the way from Nehalem.

112

Goble

Explains that Nehalem has a small wastewater agency and they do discharge into a mixing zone but they do not discharge any toxic chemicals. Explains commitment to cleaning up rivers. Asks for a workgroup.

120

Chair Ringo

Appreciates witness’ constructive criticism.

125

Greg Miller

Oregon Government Affairs Manager, Weyerhaeuser Company. Testifies in opposition to SB 555 as written. Submits written testimony (EXHIBIT M).

182

Marvin Lewallen

Oregon Area Environmental Manager, Weyerhaeuser Company. Testifies in opposition to SB 555 as written.

194

Chair Ringo

Verifies that Weyerhaeuser Company uses mixing zones, but isn’t sure that any of them have toxic chemicals.

195

Lewallen

Explains that he is not aware of any, but states that he does not have 23 permits memorized. Explains. Talks about re-applying for a permit.

205

Chair Ringo

Discusses language “significant and unreasonable burden” on permit holder. Asks what witness would suggest. Asks if there is a better standard that witness would use.

210

Lewallen

Explains. Discusses investments and necessity of certainty.

215

Chair Ringo

Explains that it is easy to add certainty. States that mixing zones are not marked and the public doesn’t know about them.

216

Lewallen

Suggests the committee look at toxicological assessment.

230

Robert Handford

Plant Manager, Dyno Nobel, Inc. Testifies in opposition to SB 555. Asks committee to provide clarity within SB 555 on temperature. Submits written testimony (EXHIBIT N). Introduces Christopher Reive, Dyno Nobel’s legal counsel.

270

Chair Ringo

Asks Mr. Reive to provide something written to the committee.

275

Greg deBruler

Riverkeeper, Columbia Riverkeeper, Hood River. Discusses impact on human health in regards to the Columbia River. Testifies in support of SB 555.

343

Sen. Shields

Wants witness to submit numbers mentioned in testimony.

345

deBruler

Submits Columbia River Fish Contaminant Survey (EXHIBIT O).

350

Kathy Newcomb

Tualatin Resident, and Member and Research Analyst, Citizens for Safe Water, southwest Washington County. Submits and highlights written testimony in support of SB 555 (EXHIBIT P). (NOTE: Witness submitted additional testimony after meeting which is included in EXHIBIT P).

360

Paul Cosgrove

American Forest & Paper Association. States that his written testimony is included with Kathryn VanNatta’s written testimony (EXHIBIT Q). Testifies in opposition to SB 555.

380

Kathryn VanNatta

Northwest Pulp & Paper Association. Submits written testimony in opposition to SB 555 (EXHIBIT Q) and the Oregon Administrative Rules for the DEQ for mixing zones (EXHIBIT R). Discusses specific questions and issues with SB 555.

TAPE 33, B

035

Cosgrove

Discusses third-party lawsuits and federal law.

045

Chair Ringo

Clarifies that SB 555 doesn’t give a private right of action to the extent that there is a violation of a mixing zone.

046

Cosgrove

Articulates uncertainty that this could be done under federal law.

047

Chair Ringo

Reiterates that this could be done.

050

David Monk

Oregon Toxics Alliance. Testifies in support of SB 555.

073

Lisa Arkin

Staff Member, Oregon Toxics Alliance. Testifies in support of SB 555.

085

Willie Tiffany

League of Oregon Cities (LOC).  Submits written testimony (EXHIBIT S). Opposes SB 555, but hopes that the LOC can work with the committee to find ways of reducing toxins or clarifying language within SB 555. Explains concerns.

140

Charles Logan

Clean Water Services. States that he is here on behalf of Mark Yeager, Association of Clean Water Agencies. Submits written testimony on SB 555 on behalf of Mark Yeager (EXHIBIT T). Offers to work with the committee to help draft a bill that would be agreeable to more people. Discusses municipal wastewater treatment.

173

Trisha Peebles

Resident, Eugene. Testifies in support of SB 555.

220

Joe Cartino

Citizen. Testifies in support to SB 555. Discusses the Clean Water Act. Discusses size of toxic mixing zones. Testifies in support of SB 555.

262

Mark Rickedahl

Northwest Environmental Defense Center. Testifies in support of SB 555. Discusses the Clean Water Act. Urges committee to move SB 555 forward.

315

Melissa Powers

Staff Attorney, Northwest Environmental Defense Center, Lewis and Clark Law School. Comments about the new DEQ environmental standards. Urges committee to move SB 555 forward.

415

Chair Ringo

Asks about reducing opposition to SB 555. Wonders if it makes sense to limit the list of toxics.

420

Powers

Believes this is a good step. Explains.

430

Chair Ringo

Appreciates testimony from witness.

431

Brett Vanderheuvel

Resident, Multnomah County. Testifies in support of SB 555. Discusses specifying toxins. Asks committee not to narrow scope of toxics too much because it is uncertain how long some chemicals will linger. Reads quote from the EPA.

465

Chair Ringo

Asks witness what he is reading from.

467

Vanderheuvel

Explains. Submits written testimony which includes mentioned quote (EXHIBIT U).

480

Jerome Arnold

Resident, Canon Beach. Testifies in support of SB 555.

TAPE 34, B

045

Jamie Saul

Law Student, Northwest Environmental Defense Center, Lewis and Clark Law School. Testifies in support of SB 555. Gives some data from a research report.

055

Chair Ringo

Asks if witness has this data written down somewhere.

056

Saul

Replies yes, and explains that this is part of an ongoing research report.

057

Sen. Shields

Asks if witness will have the information for the committee soon.

058

Saul

Replies yes. Continues testifying on data from research report. Discusses prevalence of mixing zones.

085

Chair Ringo

Invites Holly Schroeder and Mark Charles back to witness table. Comments on quote from the EPA, and asks if this is consistent with the DEQ’s analysis.

095

Schroeder

Understands quote is from the Great Lakes Initiative. Emphasizes that the DEQ is ready to start working hard on this issue. Comments on the Great Lakes Initiative.

112

Chair Ringo

Asks if the Great Lakes Initiative is a good model for the committee to look at.

115

Schroeder

Believes it is the only model available to look at.

120

Sen. shields

Comments on the Great Lakes Initiative and quote from the EPA. Asks if there is a list of bio-cumulative chemicals available.

133

Schroeder

Explains.

143

Sen. shields

States that this needs to be a part of an ongoing discussion on SB 555.

The following prepared testimony is submitted for the record without public testimony:

 

Gershon Cohen

Submits Curriculum Vitae (EXHIBIT V).

 

Rhett Lawrence

OSPRG. Submits written testimony on behalf of Jane Harris in support of SB 555 (EXHIBIT W).

 

Liz Frenkel

Natural Resources Action Coordinator, League of Women Voters of Oregon. Submits written testimony in conjunction with Margaret Noel, President, League of Women Voters of Oregon, in support of SB 555 (EXHIBIT X).

 

Jim Welsh

Lobbyist, Oregon State Grange. Submits written testimony in opposition to SB 555 (EXHIBIT Y).

 

Kelly Brooks

City of Eugene. Submits written testimony in opposition to SB 555 in its current form (EXHIBIT Z).

145

Chair Ringo

Closes public hearing on SB 555 and adjourns meeting at 6:38 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 555, written testimony, Peter Courtney, 2 pp

B.     SB 555, written testimony, Rhett Lawrence, 2 pp

C.     SB 555, written testimony, Brent Foster, 4 pp

D.    SB 555, diagram, Brent Foster, 1 p

E.     SB 555, written testimony, Travis Williams, 3 pp

F.      SB 555, excerpt, Holly Schroeder, 2 pp

G.    SB 555, written testimony of Craig Smith, John Ledger, 2 pp

H.    SB 555, written testimony, Tom McCue, 2 pp

I.       SB 555, written testimony, Kathryn Brigham, 3 pp

J.      SB 555, written testimony, Louis Pitt, Jr., 2 pp

K.    SB 555, written testimony, Ed Brookshier, 2 pp

L.     SB 555, written testimony, Amanda Rich, 3 pp

M.  SB 55, written testimony, Greg Miller, 4 pp

N.    SB 555, written testimony, Robert Handford, 6 pp

O.    SB 555, survey, Greg deBruler, 2 pp

P.      SB 555, written testimony, Kathy Newcomb, 2 pp

Q.    SB 555, written testimony, Kathryn VanNatta, 3 pp

R.    SB 555, Oregon Administrative Rules, Kathryn VanNatta, 6 pp

S.      SB 555, written testimony, Willie Tiffany, 3 pp

T.     SB 555, written testimony of Mark Yeager, Charles Logan, 2 pp

U.     SB 555, written testimony, Brett Vanderheuvel, 2 pp

V.     SB 555, Curriculum Vitae, Gershon Cohen, 5 pp

W.   SB 555, written testimony of Jane Harris, Rhett Lawrence, 1 p

X.     SB 555, written testimony, Liz Frenkel, 1 p

Y.     SB 555, written testimony, Jim Welsh, 1 p

Z.      SB 555, written testimony, Kelly Brooks, 1 p